T.C. Memo. 1999-301 UNITED STATES TAX COURT CHESTER F. AND FAYE L. SIDELL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 10489-98. Filed September 4, 1999. Respondent recharacterized the income petitioner husband received from the rental of property to his wholly owned C corporation from passive to nonpassive, pursuant to the attribution rule of sec. 1.469-4(a), Income Tax Regs., and the so-called self-rented property rule contained in sec. 1.469-2(f)(6), Income Tax Regs. As a consequence of this recharacterization, petitioners were able neither to reduce such rental income by losses from other rental properties nor to use certain rehabilitation credits. 1. Held: Pursuant to sec. 469(l), I.R.C., the Secretary properly promulgated the attribution and self-rented property rules. The self-rented property rule (by virtue of the attribution rule) is valid insofar as it recharacterizes rental income received by aPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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